Wilson v. Miss. Dep't of Employment Sec.
| Docket Number: | 2009-CC-00358-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-20-2010 Opinion Author: Irving, J. Holding: Reversed, rendered and remanded; The judgment of the Circuit Court of Forrest County is reversed and rendered, and this case is remanded to the Mississippi Department of Employment Security for further proceedings consistent with this opinion. |
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| Additional Case Information: |
Topic: Unemployment benefits - Section 71-5-517 - Timeliness of appeal Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts and Maxwell, JJ. Non Participating Judge(s): Carlton, J. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 01-22-2009 Appealed from: Forrest County Circuit Court Judge: Robert Helfrich Disposition: AFFIRMED BOARD OF REVIEW’S DECISION TO DENY UNEMPLOYMENT COMPENSATION BENEFITS Case Number: C107-0192 |
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| Note: | Due to a military leave of absence, Hon. Virginia C. Carlton did not participate in this hand down. | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Yamenia Wilson |
GLENDA F. FUNCHESS |
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| Appellee: | Mississippi Department of Employment Security | LEANNE F. BRADY | ||
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Unemployment benefits - Section 71-5-517 - Timeliness of appeal |
| Summary of the Facts: | After being terminated by her employer, Walmart, Yamenia Wilson filed for unemployment benefits. A claims examiner found that Wilson was eligible for benefits. Thereafter, Walmart appealed the claims examiner’s decision. An administrative law judge reversed the claims examiner’s decision, and that decision was affirmed by the Mississippi Department of Employment Security’s Board of Review and the circuit court. Wilson appeals. |
| Summary of Opinion Analysis: | Pursuant to section 71-5-517, Walmart had fourteen days from June 14, 2007, to file an appeal of the decision of the claims examiner. The fourteen days in which an employer must appeal an initial determination of unemployment benefits begins to run on the date the claims examiner’s decision was mailed to the employer. Walmart mailed a notice of appeal to MDES on June 28, 2007, but the appeal was not stamped received by MDES until July 2, 2007. As Walmart’s appeal from the claims examiner’s decision was not timely filed, all the decisions made thereafter are reversed and rendered. |
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